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What is the difference between a divorce and a declaration of nullity?
A divorce is a statement issued by the civil authority (and some non-Catholic Churches) which states that a marriage, which occurred, has irreparably broken down. A declaration of nullity, often refereed to as an annulment, states that a marriage, as the Church understands it, never existed.
Do I need a divorce to approach the tribunal?
Yes. Church law requires a tribunal to be sure that the spouses will not reconcile; one way this occurs is by ensuring a civil divorce has been granted.
Why would a person want a declaration of nullity?
While generally people approach the tribunal when they wish to get married in the Church and are prohibited due to a prior bond, some members of the faithful seek the ministry of the tribunal to offer a sense of closure on their former marriage.
Does a declaration of nullity mean my children are illegitimate?
NO! Canon law specifically excludes a declaration of nullity from resulting in the illegitimacy of children. At the time the children were born, it was presumed the marriage was valid and thus the children are legitimate. A declaration of nullity in no way retroactively changes this fact.
If I apply for a declaration of nullity, does my former spouse have to be notified?
Yes. Both parties have the right to challenge or defend the marital bond.
What if I don't want my former spouse to be involved in this process?
Unless your former spouse is cited or legitimately declared absent, your case cannot proceed. If your former spouse's rights are not respected, the process would be liable for a complaint of invalidity.
Will everything I tell the marriage tribunal remain confidential?
Confidentiality is a paramount concern of the tribunal. However, both parties (i.e. both former spouses or their advocates) have the right to view any acts which are not known to them. This means your former spouse can read your testimony and the testimony of your witnesses, although they are under no obligation to do so.
Can family members act as witnesses?
Yes, absolutely. The judges will assess the credibility and objectivity of any witness testimony according to the norm of canon law.
What happens if there are no witnesses?
If there are no witnesses it will be very difficult for a case to proceed as the judges will not have the required evidence to achieve certitude. This is sometimes the case with very old cases. If there are no witnesses some form of strong documentary evidence would be required.
Are there any civil effects to a declaration of nullity?
No.
My ex-spouse committed adultery. Isn't that grounds for nullity?
The Church recognizes the pain and suffering that occurs in marital breakdown, especially in cases of adultery. However a declaration of nullity is not a divorce nor is it a reward for good behaviour or a punishment for immoral behaviour. It is a statement that there was a fundamental problem in the marital relationship. In some cases, adultery may be indicative of a fundamental immaturity or an attitude against fidelity. In other cases, it may be something which develops some time into a marriage that was entered into freely, prudently, and with the requisite intentions.
How long will the process take?
This question is common and truly depends on the nature of the case. Major delays can occur when witnesses are not cooperative or forthcoming or there are appeals. However, most cases take 12 to 18 months on average.
But I already booked a hall, can't you expedite my case?
Church law is very strict that all cases must be adjudicated in the order in which they were submitted. The only circumstances where priority can be given to a case is in situations of terminal illness. No dates should be set for a marriage until a final decision is made.
How much does it cost?
The marriage tribunal is a ministry of the Archdiocese and, as such, is subsidized by the archdiocesan budget. However, those who benefit from this ministry are encouraged offer a donation towards tribunal operations. This is currently suggested at 25% of the tribunal cost, in installments, and will be discussed during case instruction. However, no members of the faithful will be turned away due to lack of funds.
I've never been married, and my fiancé was but isn't Catholic. Do we need to do anything?
Marriage is a natural reality and, as such, marriages between non-Catholics are presumed valid by the Church, even if they are not sacramental marriages. The Church, as such, investigates those cases when necessary.